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HomeMy WebLinkAboutVIRGO GAMBILL ARCHITECTS PC (2) �� L �.,� � a � � 9d �� `��' � rr :s..,... -•� Dacument B101 - 2007 Standard Form of Agreement Between Owner and Architect � AGREEMENT made as af the Ei th day of Sentember in the year Two Thousand Eleven (In words, ;indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, tegal status, aa'dress and other information) Au�usta, GA, a political subdivision of the State of Georgia 530 Greene Stteet, Room 801' This document has important August�, GA 30911 Iegai consequences. Consultation with an attomey is enCOUraged with respect to its completion or mod�cation. and the Architect: (Name, legal status, address and other information) Virgo Gambill Architects, PC 2531 Center West Parkway, Ste. 200 Augusta, CrA 30909 Telephone Number: 706-736-3661 Falc Number: 706-736-4552 for the fallowing Projeet; ` (lUame, location and detaiCed description) Improvements to Henry Brigham Pool Henry H. Brigham Communitv Center Henry H. Bri�ham Swim Genter 2463 Golden Camp Rd. Augusta, GA 30906 The Owner and Architect agree as follows. AIA Document 6101'"' — 2007 formerly 6151 TM— 7997). Copyright � 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init ��N�. yyARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of � this AIA�' Document, or any portion of it, may result in severe civii and criminal penalties, and wiil be prosecuted to the maximum extent possible under � the law. This document was produced by AIA sottware at 15:12:50 on 09/O8/2011 under Order No.8441754039_1 which expires on 07/10/2012, a�d is not for resale. User Notes: (808545603) S y TABLE OF ARTIGLES 1 INITIAL INFORMQTION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 "' ADDITIONAL SERVICES 5 OWWER'S RESPONSIBILITIES 6 COST OF THE WORK 7 C4PYRIGHTS AND LICENSES 8 CLAIMS AND DISRUTES 9 TERMINATION QR SUSPENSION 10 MISGELLANEOUS PROVISIONS 11- COMPfNSATION' 12 SPECIAL TERMS ANQ CONDITIONS 13 SCOPE OF THE AGREEMENT EXMIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Inirial Information set forth in this Articie 1 and in optional Eachibit A, Initial Information: (Complete Exhibit �4, Inatial Information, and incorporate it into the Agreement at Section 13.2, ar state below Initial Information such as details of the Project's site andprogram, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Worl� authorized representatives, anticipated procurement method, and other information relevant to the Project.) � See Exhibit "A" for project details. § 1.2 The Owner's anricipated dates for commencement of construction and Substantial Completion of the Work are set forth below: ,1 Gommencement of construction date: � to be determined .2 Substantial Completion date: � to be determined §.1.3 The Owner'and Architect may rely on the Inirial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect sha11 appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. AIA Document 6101 TM— 2007 formerly B151 TM-1997). Copyright �O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. �� WARNWG: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA Document, or any portion of it, may result in severe civil and criminal penaities, and will be prosecuted to the maximum extent possible under � the law. This document was produced by AIA soflware at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which expires on 07/10l2012, and is not for resale. User Notes: (8�8��3) « 4 § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects pracricing in the same or similar locality under the same or similar circumstances. The Architect shall perforrn its services as expediriously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 3.4 Except with the Owner's Irnowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment vwith respeet to this Project. § 2.5 The Architect sha11 maintain the foilowing insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the .Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agree»aent, if any.) .1 General Liability I $1,QOO,OQO per occurrence - $2.000,000 per vear agg_regate .2 Automobite Liability Non-owned and hired car: $1;OOQ per occurrence $1,00O,OOd per vear ag�re�ate .3 Workers' Gampensation Bodily Injury Accident $100,000 each accident Bodilv Injurv Disease $100,000 each employee Bodily Injury Disease $500,000 policy limit .4 Professional Liability ' + , $1,000,000 liability limit ARTICLE 3 SCOPE OF ARCHtTECT'S BASIC SERVICES ;§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural; mechanical, and electrical engineering services. Services not set forth in this Article 3 aze Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Arctutect shall coordinate its services with those services provided by the Owner and the Owner's consultants.lfie Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the ArchitecYs services. The schedule initially shall include anricipated dates for the AIA Document 6101TM — 2007 formerly 6151 TM-1997). Copyright � 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights ����' reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wiii be prosecuted to the maximum extent possibie under � the Iaw. This document was produced by AIA software at 15:12:50 on 09/082011 under Order No.8441754039_1 which e�ires on 07/10/2012, and is not for resale. User Notes: (808545603) . commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall inciude allowances for periods of time required for the Owner's review, for the perfortnance of the Owner's`consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasanable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.7,4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approvaL § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the enrities providing utility services to the Project. In designing the Project, the Architect shall respond to design requirements imposed by such governmental authoriries and by such entiries providing utility services. § 3.1.6 The Architect shall assist the Owner in connecrion with the Owner's responsibility for filing documents required for the approval of gavernmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES §; 3.2.1 The Architect shall review the program and other informarion furnished by the Owner, and shail review laws, codes, and regularions'applicable to the Architect's services. §' 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Inirial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 'The Architect shall present its preliminary evaluarion to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally resgonsible design approaches. The Architect shall reach an understanding with the Owner regazding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary desi� illustrating the scale and relationship of the Project components. § 3.2.3 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schemaric Design Documents shall consist of drawings and other dc�cuments including a site plan, if appropriate, and preliminary building plans, secrions and elevations; and may include some combinarion of study models, perspecrive sketches, or digitai modeling. Preliminary selections of major building systems and cc�nstruction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work The Owner may obtain other environmentallyresponsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. §=3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6:3. § 3.2J The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. AIA Document 8707 TM— 2007 fom�erly 8151 ^" —1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. �ry�. yyqRNING: This AIA� Document is protected by U.S. Copy�ight Law and Intemational Treaties. Unauthorized reproduction or distribution of 4 this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under � the law. This document was produced by AtA software at 15:12:50 on 09/08I2011 under Order No.8441754039_1 which expires on 07/10/2012, and is rwt for resale. User Notes: (808545603) , § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorizarion of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Develapment Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such' other elements as may be appropriate. The Design Development Documents shall also include outline . specifications that identify major materials and systems and establish in general their quality levels. §; 3.3.2 The Architect shail update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the esfimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES §, 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorizarion of any adjusUnents in the Praject requirements and the budget for the Cost of the Work, the Architect shall prepare Gonstruction Documents far the Owner's approval. The Construcrion Documents sha11 illustrate and describe thc further developrnent of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Cantractor will provide additional infvrrnation, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shallxeview in accordance with Secrion 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdictian over the Project. § 3.4.3 I3uring the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the rime, place and conditions of bidding, mcluding bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Con�act for Construction (General, Supplementary and other Conditions). The Architect shall also compile a praject manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. §' 3.4.4 The ArcYutect shall update the estimate for the Cost of the Work. § 3.4.5'The Arehitect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. §: 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospecrive contractors. Following the Owner's approval of the Consiruetion Documents, the Architect shall assist the Owner in (1) obtaining either competirive bids or negoriated proposals; (2) confirming responsiveness of bids ar proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITNE BIDDING § 3.5.2.1 Bidd'mg Documents shall consist of bidding requirements and proposed Contract Documents. §° 3.5.2.2 The Architect shall assist the Owner in bidding the Project by ,1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distriburion and reh-ieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; AIA Document 6101 TM— 2007 formerly 6151 TM' —1997). Copyright � 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. � WARNING: This AIA� Document is protected by U.S. Copyright Law and Mternational Treaties. Unauthorized reproduction or distribution of 5 this AIA� Document, or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibie under � the iaw. This document was produced by AIA soflware at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which e�ires on 07/10/2012, and is not for resale. User Notes: (808545603) , .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and :5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.23 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents sha11 consist of proposal requirements and proposed Contract Documents. § 3:5.3.2 The Axchitect shall assist the Owner in obtaining proposals by .1 procurii�g the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; :2 organizing and participating in selection interviews with prospecrive contractors; and ,3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and sha11 prepare and dishibute addenda identifying approved subsritutians to all prospective contractors. § 3.6 CONSTRUGTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 'The Architect sha11 provide administrarian of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201'''"�2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Dc�cument A201-2007, those modifications shall not affect the ArchitecYs services under this Agreement unless the`Owner and the Architect amend this Agreement. § 3.6.1.2 `The Architect shall advise and consult with the Owner during the Construcrion Phase Services. The Architect shall have authority to acf on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have conirol over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor ar of any other persons or entities perForming portions of the Work. § 3.6.1.3 Subjeet to Section 43, the Architect's responsibility to provide Construcrion Phase Services commences with the award of the Gantract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3:6.2.1 The Architect shail visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiaz with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully campleted, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the partion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. §; 3.6.2.2 The Architect has the authority to reject Work that dces not conform to the Contract Documents. Whenever the Arci�itect considers it necessary or advisable, the Architect shall have the authority to require inspecrion or testing of the Wark in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, AIA Document B701 "' — 2007 fortneAy 6751 TM-199�. Copyright OO 1974, 1978, 1987, 1997 and 2007 by The Ameriqn Institute of Architects. All rights Init. �ry�, yypRNING: This AIA� Document is protected by U.S. Co�yright Law and International Treaties. Unauthorized reproduction or distribution of s this AIA�' Document, or any portion of it, may result in severe civil and criminai penaities, and wili he prosecuted to the maximum extent possible under � the law. This document was produced by AIA software at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which e�ires on 07/10@012, and is rwt for resale. User Notes: (808545603) Subcontractors, material and equipment suppliers, their agents or employees or other persons or enrities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Cantract:Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in wriring within any time limits agreed upon or otherwise with reasonable promptness. § 3.6:2.4 Interpretations and decisions of the Architect sha11 be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretarions and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not shaw partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. §, 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Dacument A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided' in the Contract Documents. § 3.5.3 CERTI�ICATES FOR PAYMENT TO CONTRACTOR `§ 3.6.3.1 'The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amaunts. 'The Architect's certifiearion for payment shall constitute a representation to the Owner, based on the Architect's evaluatian af the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Fayment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representari�s are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substanrial Completion,, (2) to results of subsequent tests and inspections, (3) to correction of minor deviatians from the Contraet Documents prior to complerion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made e�austi�e or continuaus an-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Conlractor's right to payment, ar (4) ase�rtained how ar for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architeet shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable prompmess while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docurnents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other informarion such as dimensions, quantiries, and installation or performance of equipment or systems, which aze the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construcrion means, methods, techniques, sequences or prc�cedures. The Architect's approval of a specific item shall not indicaxe approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor NA Document B101 TM— 2007 IfortneNy B151 TM-1997). Copyright OO 1974, 1978, 7987, 1997 and 2007 by The American Institute of Architects. NI rights Mit �ry�. yyARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under � the Iaw. This document was produced by AIA software at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which expires on 07/10/2012, and is not for resale. User Notes: (808545603) _ __ , that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by suah design professionals. §' 3.6A.4 Subject to the provisions of Secrion 4.3, the Architect shall review and respond to requests for information about the Conlract Documents. The Architect sha11 set forth in the Coniract Documents the requirements for requests for information_ Requests for informarion shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarificarion requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for informarion. § 3.6.4.5 The Architect'shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. §' 3.6.5 GHANGES IN THE WORK §; 3.6.5.'1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Docurnents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's appro�al and �ecution in accordance with the Contract Documents. §: 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMRLETION § 3.6.6.1 The Architect sha11 eonduct inspections to determine the date or dates of Substanrial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, far the Owner's reuiew and records, written warranries and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspecrion indicating the Work complies with the requirements of the Contract Documents. § 3.6.fi.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Surn remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correetion of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases"and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. fDesignate the Additional Services the Architect shall provide in the second column of the table below In the third column indietete whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, ident� the exhibit.) AIA Document 6701 "' — 2007 fortnerly 8757 TM-1997). Copyright OO 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights ���- reserved. WARNING This AIA� Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of $ this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wili be prosecuted to the mazimum extent possible under � the law. This documerrt was produced by AIA soflware at 15:12:50 on 09/08/2011 u�der Order No.8441754039_1 which e�ires on 07/10/2012, and is not for resale. User Notes: (808545603) L Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identi zed below � 4.1.1 Pro rammin Not Provided I 4.1.2 Mulri le relimin designs Not Provided � 4.9.3 Measured drawings Not Provided �§`�.1:4 Existin facilities surve Not Provided I 4.1.5 Site Evaluation and Plannin B203T"'�2007 Not Provided � 4.1.6 Buildin information modelin Not Provided ( 4.1.7 Civil en ' eerin Not Provided � 4.1.8 Landscape desi Not Provided i 4.1.9 Architectural Interior Desi B252TM-2007 Not Provided � 4.1.10 Value .4na1 sis B204TM-2007 Not Provided � 4.1.11 Detailed cost`estimatin Not Provided � 4.1.12 On-site ra'ect r resentation Not Provided I 4.1.13 Conformed construcrion documents Not Provided I 4.1.14 As-Desi ed Record drawin s Not Provided � 4.1.15 ` As-Constructed Record drawin s Not Provided � 4.9.16 Post occupanc evaluatian Not Provided �§ 4.1.17 Facility Su ort Services B210T"�-2007) Not Provided � 4.1.18 Tenant-related services Not Provided � 4.1.19 Coordination of Owner's consultants Not Provided 4.7.Z0 Telecommunications/data desi Not Provided § 4.1.21 '` Security E�aluation and Planning Not Provided (B206TM 2007) I 4.1.22 Commissionin B211T"�2007 Not Provided � 4.1.23 Extensive environmentally res onsible desi Not Provided � 4.1.?4 LEED Certification (B214T"�2007 Not Provided � 4.1.2a ' Fast-track desi services Not Provided � 4.1.26 Historic Preservation B205T'`�2007 Not Provided I§ 4.1.27 Furniture, Furnishings, and Equipment Design Not Provided J (B253TM-2007) § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the ArchitecYs responsibility, if not further described in an e�ibit attached to this document. ( N/A - as shown above § 4.3 Additional Services may be provided after execurion of this Agreement, without invalidating the Agreement. _ Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4,3 shalLentitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the foliowing Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, comple�city, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling ar LEED� certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enaciment or revision of codes, laws or regulations or official interpretations; AIA Document 6101 "" — 2007 formerly B751 "' — 7997). Copyright OO 1974, 7978, 1987, 1997 aru12007 by The American Institute of Architects. All rights ��� reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIA`"' Document, or any portion of it, may result in severe civil and criminal penalties, and wiil be prosecuted to the maximum extent possible under � the law. This document was produc� by AIA soflware at 15:12:50 0� 09/08/2011 under Order No.8441754039_1 which expires on 07/10/2012, and is not for resale. User Notes: (808545603) , .4 Services necessitated by decisions of the Owner not rendered in a timely manner ar any other failure of performance on the part of the Owner or the Owner's consultants or contractors; ,5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolurion proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 ' Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. �' 4.3.2 To avoid delay in'the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonabie promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that a11 or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Qwner shall have no further obligation to compensate the Architect for those services: .1 Reviawing a Contractor's submittal out of sequence from the submittal schedule agreed to by the 1�rchitect; .Z Responding to the Contractor's requests for informarion that are not prepared in accordance with the Contract Documents ar where such informarion is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Cantractor-prepared coordination drawings, or prior Project correspondence or documentarion; :3 Preparing Change Orders and Construcrion Change Directives that require evaluarion of Contractor's prpposals.and supporting data, or the prepararion or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaivating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulring therefrom; or .6 To the extent the ArchitecYs Basic Services are affected, providing Construction Phase Services 60 days after (1} the date of Substantial Compietion of the Work or (2) the anticipated date of Substanrial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shait grovide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 two (� reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Gontractar :2 ei�ht (� visits to the site by the Architect over the duration of the Project during construcrion .3 one ( 1 ) inspecrions for any portion of the Work to deternune whether such portion of the Work is substantially cornplete in accordance with the requirements of the Contract Documents :4 one ('1 _) inspections for any portion of the Work to determine final complerion §, 4.3.4If the services covered by this Agreement have not been completed within twentv-four ( 2� months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time sha11 be campensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES §' 5.1 Unless otherwise,provided for under this Agreement, the Owner shall provide information in a rimely manner regarding requirements for and limitarions on the Project, including a written program which shall set forth the Owner's objecrives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability,, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Archit�ect, the Owner sha11 furnish the requested information as necessary and relevant for the Architect to evaluate, give norice of or enforce lien rights. § 5.2 The �wner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect sha11 thereafter agree to a corresponding change in the Project's scope and quality. AIA DoCUment B7 01 TM— 2�7 form¢rly 6151 TM-1997). COpyright � 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architecis. All rights Mit ��y�, y�ARN W G: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of .� Q this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under � the law. This document was produced by AIA soflware at 15:12:50 on 09/08/2011 under Order No.8441754p39_1 which e�ires on 07/10/2012, and is not for resale. User Notes: (808545603) Y § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the ArchitecYs services. § 5.4 The Owner shall furnish surveys to describe physical chazacteristics, legallimitarions and utility locations for the - site of the Project, and a written legal description of the site. T'he surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and slructures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the informarion on the survey shall be referenced to a Project benchmazk. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but aze not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resisrivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall 000rdinate the services of its own consultants with those services provided by the Architect. Upon the'Architeet's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the �wner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, ar authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonst� that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 'The Owner shali furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.$ The �wner shall furnish a111ega1, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. §' S.9 The Owner shall provide prompt wcitten notice to the Architect if the Owner becomes aware of any fault or defeet in tl�e Praject, including errars, omissians or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communicarions have been specially authorized, the Owner shall'endeavor to communicate with the Contractor and the Architect's consultants through the Architeet about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the ArchitecYs services. § 5.11 Before executing the Contract for Construcrion, the Owner shall coordinate the Architect's duties and responsibiliries set forth in the Gontract for Canstruction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Condirions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in prepazation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, conringencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Informarion, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the ArchitecY s judgment as a design professional. It is recognized, however, that neither the Architect nor AIA Document 6101 TM— 2007 fortne�ly 6157 TM-199�. Copyright OO 1974, 1978, 1987, 1997 and 2007 by The American Ins6tute of Architects. All rights Init. �ry�_ yyqRNING: This AIA� Document is protected by U.S. Copyright Law and Internationai Treaties. Unauthorized reproduction or distribution of 11 this AIA Document, or any portion of it, may resuit in severe civii and criminal penalties, and will be prosecuted to the maximum extent possible under � the law. This document was produced by AIA soflware at 15:12:50 on 09/08/2011 under Orde� No.8441754039_1 which expires on 07/10/2012, and is not for resale. User Notes: (808545603) _ � the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negoriating condirions. Accordingly, the Architect cannot and does not wairant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or frnm any, estimate of the Cost of the Work or evaluation prepazed or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The ArchitecY s estimate of the Cost of the Work shall be based on'current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Addirional Service under Article 4. § 6:4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work sha11 be adjusted to reflect changes in the general level of prices in the applicable construction market. §' 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendarions to the Owner to adjust the ProjecYs size, quality or ' budget for the Cost of the Work, and the Owner shall cooperate with the Architect in maldng such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construcfion Documents Phase Services is exceeded by the lawest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 autharize rebidding or renegotiating of the Project within a reasonable time; :3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction D�ocuments as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construcrion Dcacuments Phase Services, or the budget as adjusted under Secrion 6.6.1. The Architect's maiificarion of the Cans�uction Documents shall be the limit of the ArchitecYs responsibility under this Article 6. ARTICLE 7 COFYRIGHTS AND LICENSES § i.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such informatian or has pernussion from the copyright owner to transmit such mformation for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentarion in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7:2 The Architect and the ArchitecYs consultants shall be deemed the authors and owners of their respective Instruments of Serviee, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distriburion of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publicarion in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execurion of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding tv the Project, provided that the Owner substanrially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section pernuts the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely AIA Document 8701 TM— 2007 formerly 6151'*' — 7997). Copyright OO 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init �ggry�. yyARNING: This AIA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of .12 this AIA`"' Document, or any portion of it, may result in severe ctvil and criminal penalties, and will be prosecuted to the maximum extent possible under � the Iaw. This document was produced by AIA soRware at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which eupires on 07/10/2012, and is not for resale. User Notes: (808545603) � and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. §'7.3.f In the event the Owner uses the Instruments of Service without retaining the author of the Ins�hruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Airchitect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 73.1. The terms of this Section '7.3.1 sha11 not apply if the Owner rightfully temvnates this Agreement for cause under Section 9.4. § 7.4 Except foae the licenses granted in this Article 7, no other license or right sha11 be deemed granted or implied under this Agreement. 'fhe Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another;party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 GLAfMS AND DISPUTES § 8.1 GENERAL §$.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordaY►ce with the requirements of the methad of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all elaims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against `each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have'to the proceeds of such insurance as set forth in AIA Document A201-2007, General Condirions of the Contract for Gonstruction. The Owner or the Architect, as appropriate, shall require of the contractars, consultants, agents and emplayees of any of them similar waivers in favar of the other parties enumerated herein. §: 8.1.3 The Architect and Owner waive consequenrial damages for claims, disputes or other matters in question arising out of or relating to this Agreement. Thismutual waiver is applicable, without limitation, to all consequential damages due to either party's terminarian of this Agreement, except as specifically provided in Section 9.7. § $.2 MEDIAT[ON § 8.2.1 Any claim,' dispute ar other matter in question arising out of or related to this Agreement shall be subject to mediation as a-condirion preeedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the iien motice or filing deadlines prior to resolution of the matter by mediation ar by binding dispute resolurion. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediarion which, unisss the parties mutualiy agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construcrian Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediaxion for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration - proceeding is stiayed pursuant to this section, the parties may nonetheless proceed to the s�lection of the azbitrator(s) and agree' upon a schedule for later proceedings. § 8.2.3 The parties sha11 share the mediator's fee and any filing fees equally. The mediation sha11 be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. AIA Document 8701 TM— 2007 fortneAy 8157 TM— 7997). Copyright OO 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. iUl rights (nit. �ry�, yyARNiNG: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA" Document, or any portion of it, may resuit in severe civii and criminai penalties, and will 6e prosecuted to the maximum extent possible under � the law. This document was produced by AIA soflware at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which e�ires on 07l10/2012, and is not for resale. User Notes: (808545603) � § 8.2.4 ff the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or dv not subsequently agree in writing to a binding dispute resolution method other than litigation, 1he dispute will be resalved in a court of competent jurisdiction.) [] Arbitration pursuant to Section 8.3 of this Agreement � [ X� Litigation in a court of competent jurisdiction [ ] Other (SpecifY) §' 8.3 ARBITRATION §;$.3.1 If t1Te parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration"Associarion in accordance with its Construction Industry Arbitration Rules in effect on the date of this Ageement. A demand for arbitration shall be made in writing, delivered to the other pariy to this Agreement, and'filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration sha11 be made no earlier than concurrently with the filing of a request for mediation, but in no euent shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. Far statute of limitations purposes, receipt,of a written demand for arbitration by the person or entity administering the arbitrarion shall constitute the institution of Iegal ar equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. - § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdicrion thereof. §' 8.3.4 CONSOLtDATION OR JOINDER §` 8.3.4.1'Either party, at its sole discrerion, may consolidate an arbitrarion conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitrarion agreement governing the other arbitrarion permits consolidation; (2) th� arbitrations to be consolidated substantially involve common quesrions of law or fact; and {3) the arbitrations employ materially similar procedural rules and methods for selecting azbitrator(s). § 8.3.4.2 Either party, at its sole discrerion, may include by joinder persons or entiries substantially involved in a cornmon question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitrarion involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in quesrion not described in the writtem consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitrarion conducted under this Secrion 83, whether by joinder or consolidarion, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformauce and cause for termination or, at the ArchitecYs option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liabiliry to the Owner for delay or damage caused the Owner because of such suspension of NA Document B101 TM— 2007 fortneAy 8157 TM-1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Archi�cts. NI rights Init. �� WARNING: This AIA� Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or distribution of 14 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under � the law. This document was produced byAlA soflware at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which expires on 07/70/2012, and is not for resale. User Notes: (808545603) r services. Before resuming services, the Architect shail be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the rime schedules shall be equitably adjusted. §' 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to norice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumprion of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Qwner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. §.9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the terrnination. § 9.5 The Owner=may terminate this Agreement upon not less than seven days' written norice to the Architect for the Owner's convenience ancl without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defned in Section 9.7. §;9.7 Termination Expenses are in addition to compensation for the ArchitecYs services and include expenses directly atlributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Qwner's rights ta use the ArchitecYs Instruments of Service in the event of a terminarion of this Agreement ` are set farth in Article 7 and Secrion 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governedby the law of the place where the Project is located, except that if the parties have selected arbitrarion as the methai of binding dispute resolution, the Federal Arbitration Act sha11 govern Section 8.3. § 10.2 Terms m this Agreement shall have the same meaning as those in AIA Document A201-2007, General Gonditions of the Contract for Gonstrucrion. §;10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written cansent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be - submitted to the Architect for review at least 14 days prior to the requested dates of execurion. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect sha11 execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execurion. The Architect shall not be required to execute certificates or consents that would require knowledge, services ar responsibiliries beyond the scope of this Agreement. §,10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of acrion in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazazdous materials or toxic substances in any form at the Project site. AIA Document 8101 TM— 2007 fortnerly B157 TM-199n. Copyright OO 1974, 1978, 1987, 1997 and 2007 by The American Institute of ArchitecGs. All rights Init. �served. WARNING This AIA� Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or distribution of 15 this AiA� Document, ar any portion of it, may result in severe civi! and criminal penaities, and wili be prosecuted to the maximum extent possible under ' the law. This document was produced by AtA software at 15:12:50 on 09/08l2011 under Order No.8441754039_1 which expires on 07/10/2012, and is not for resale. User Notes: (808545603) , � M § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promorional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §' 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such informarion strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to Irnow the content of such information in order to perform serviees or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPEN$ATION §' 11.1 For tlte Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) �, Thirty-four thousand fi�e hundred dollars ($34,500) §; 11.2 For Additional Services designated in Secrion 4.1, the Owner sha11 compensate the Architect as follows: (Insert amourtt of, or basfs for, compensation. If necessary, list specific services to which particular methods of compensation apply.) ' � N/A § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 43, the 0wner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) � hourlv rate as outlined in Paragranh 11.7 § 11.4 Compensation for Additional Setvices of the Architect's consultants when not included in Section 11.2 or 113, shall be the amount invoiced to the Architect plus One and fifteen hundredths percent ( 1.15 %), or as otherwise ' stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase:' zero percent ( 0 %) '' Design Development Phase zero percent ( 0 %) Construetion Docurnents ei -five percent ( 85 %) Phase Bidding vr Negotiation Phase five percent ( 5 %) Construction Phase ten percent ( 10 %) Total Basic Compensation one hundred percent ( 100 %) §s 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on tliose portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid ar proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. T'he Architect shall be entitled to compensaxion in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. AIA Document 6107 "' — 2007 fortnerly B151 TM-1997). Copyright OO 1974, 1978, 1987, 1997 and 20U7 by The American Instihrte of Architects. All rights ����' reserved. WARNING This AIA�' Document is protected by U.S. Copyrigfit Law and Internatio�a! Treaties. linauthorized reproduction or distribution of .16 this AIA� Documen#, or any portion of it, may result in severe civi! and criminal penaities, and wiii be prosecuted to the maximum extent possible under � the law. This document was produced by AIA soHware at 15:12:50 on 09l08/2011 under Orcier No.8441754039_1 which e�ires on 07/10l2012, and is not for resale. User Notes: (808545603) � 1Y � Y § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the ArchitecYs and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) Employee or Category Rate Fartr►er $170.00 Project Manager / Senior Architect $120.00 Architect $105.00 Intern Architect $75.00 Drafting $70.00 Clerical $50.00 §;11.8 COMPENSATION FOR REIMBURSABLE EXPENSES §' 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: °.1 Transportation and authorized out-of-town travel and subsistence; :2 Long distance services, dedicated data and communication services, teleconferences, Project Web aites, and extranets; .3 Fees paid for securing approval of authoriries having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiruig higher than regular rates, if authorized in advance by the Owner; '.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner, '; :8 Architeet's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 A11 talces levied on professional services and on reimbursable expenses; '.10 Site office expenses; and .11 Other similar Project-related expenditures. I §,11.83 For Reimbursable Expenses the eompensation shall be the expenses incurred by the Architect and the Architect's consultants plus One and fifteen hundredths percent ( 1.15 %) of the expenses incurred. § 11.9 C�MPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the ArehiteGt for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 93, the Qwner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: � N/A § 11.10 PAYMENTS TO THE ARCHITECT I § 11.10.1 An initial payment of zero ($ 0.00 1 shall be made upon execurion of this Agreement and is the minnnum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. " § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the ArchitecY s invoice. Amounts unpaid thirtv ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time ta time at the principal place of business of the Architect. (Insert rate of manthly or annual interest agreed upon.) � 1.50 % monthlv AIA Document 6701 TM— 2�7 formedy B151 TM— 7997). Copyright OO 1974, 1978, 1987, 1997 a�d 2007 by The American Institute of Architects. All righis Init. �Ned. WARNING: This AIA� Document is protected by U.S. Copyright Law and intemational Treaties. Unauthorized reproduction or distribution of 17 this AIA�' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under � the law. This document was produced by AIA soflware at 15:12:50 on 09/08/2011 under Order No.8441754039_1 which eupires on 07/10/2012, and is not for resale. User Notes: (808545603) �Y 4. § 11.10.3 The Owner sha11 not withhold amounts from the ArchitecYs compensatian to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Recards of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: � N/A ARTICLE 13 SCOPE OF THE AGREEMENT § 13.7 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiarions, representarions or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.? This Agreement is comprised of the following documents listed below: .1 AIA Document B 101 T'`'�-2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201T'�2007, Digital Data Protocol E�ibit, if completed, or the following: ( nat carn l�eted/provided in this agreement .3 Other documents: (List other documents, if any, including Farhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) I E�ibit "A" - Letter from Virgo Gambill Architects dated Julyl, 2011 to Ron Houck outlining total services ��� This Agreement entered into as of the day and yeaz first written above. OWNER .� ARCHITECT `a /' ( j ` ` �� ��""'.�� : � y � 1�..�� L� Fwl (Signature) (Signature) ��JT�"��� �',� ✓-��-� S. �'e' Ff r�4 t���-- ���i�= 7oseph Gambill, AIA, LEED, President (Printed name and title) (Printed name and title) � Attest � l ` ' ` ��' � w Cler ' �� � �} `� �`� ��°v ��e .� ;.�� m4r � O � SE �: � ; - ;�� : � � �� � _<� ;p �r :� AIA Document B101 TM— 2007 formerly 6757 TM' —1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Instihi0e of Architects. All rights ��t reserved. WARNMG This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of �$ this AIA`� Document, or any portion of it, may result in severe civil and criminal penalties, and wiii be prosecuted to the maximum extent possible under � the Iaw. This documerrt was produced by AIA software at 15:12:50 on 09/08@011 under Order No.8441754039_1 which expires on 07/10/2012, and is not for resale. User Notes: (808545603) , �c � Exhibit A ■� ' � � � � a � A r� e � � � ----, _ ��t+��T�crs July 1, 2011 Ron Hauck Planning and Deve{opm�nt Manager Augusta Recreatian & Parks Deparkment P.O. Box 5605 Augusta, Georgia 30916-5605 RE: Praposal for improvements to the Henry 8righam Poo! — Remaining Items Ron, Virgo Gambill Architects affers the foliowing proposal fc�r the Second Haif of the Improvements ' to the Henry Brigham Poof. We are currentiy cornpleting the initial portion of the design far the a�nu�,;a;��at�on system. This proposal is for the remaining design that wiN need to be constructed in ,conjunction with the initiaf portion. Project D�scription The project description remains unchanged, and the follow scope descriptian is taken frorn our initial propasaL We understand the' project scope to inelude a number of improuements to the poot, portion of the bui}ding. ThiS includes the ` 90' x 104` (9,360 'sf} portion that houses the pooL These improvements include: 1. Installing a new dehumidificatian sysfiem in the pool portian af the building. As you know, this is not an air conditioning system, but a system'that removes water from:the air which can have a coolinq effect on the space. 2. Inspecting the existing structural system for damage: Repairing �uch if found. 3. Rust removal and painting of the existing structural system. 4, Removak of the existing gas heaters in the paoi area. 5, Remcaval of the existing darnaged j wet insulation in the pool area. 6, Evaivate different methods to add building insulatian to the building. At this time, we believe a viable solution is to remove the existing roof and skylight panels, the exterior metal panels, and the existing insulation. These would be replaced with metal insulated ' panels (essentialiy two sheets of inetal panels with rigid insuiafiion' bonded to the panels). This method would provide the required insulation to the buildings, while pratecting the insulation from any moisture damage. It also looks in keeping with the building sty{e. 7. Removal af the existing metal Iouvers frorn the side of the building. These may be replaced with windaws. � � C.1VG PR\Pat1cs,Rec.Centers�henry briqham pool proposal for :balance of project.doc :. � � � � � . � . � . � � . . . . 2531 CENTER V'.%E��T P,�,�'?<bk/,%,�- S,�lIIE 20� ?,11�i_1,,.�; ;�rC?RGI�, 309�J� ?�ti 7�b 35b1 fr"-iX 706 736 4552 .;, ;' t. � _. � , �_ ,� 8. Some levet of lighting will be required`. If the new roof system will allow skylights to be instalied in a quality manner, skylights may be installed. Tf this proves unfeasible, new lighting wil( need'to be install�ed in the pool portian of the building. The size of the existing electrical service wil( also be evaluated in this work. 9. If the construction cost sCays below 54%' af the current value of the building, the building inspector will view this work as rnaintenance related and not require the entire buifding be brought up to current building code requirements. We suggest limiting work tfl this IeveL ` 10. Our canstruction 'estirnate far this work is as foliows, exc[usive of design fees. Architectural (walls/roof� $345,OQ0 Mechanical (dehumidification system} 184,800 Eiectrical (lighting) 25,000 Subtotal 554,$00 Contractor OH/P 110,900 ContingencY 55.500 70TAL $721,20a ' ii. No work will be performed to the office J locker rooms portion of the building. 12. No work will be per�ormed to the poo{, or pool deck area of the building. Scope of Services In the initial scope of work, we designed the dehumidification system. In this portion of the work, our services will incfude t�e following remaining iterns: 1. Review of the existing conditions and as-buift design drawings. Z. Review af the applicable building and handicap codes. 3. Design of new roof / wall / insufation system. 4. Design of new lighting system as needed. 5. Preparation of Construction Dacuments and Specifications suitable for repraduction. � 6. Caordination during bidding phase 7. Review of Shap Drawings. 8. Periodic Site inspections during Construction and Site Insp�ction Reparts, Fees We propose a fixed_fee of thirty-four'thousand flve hundred dollars ($34,500) for this work. We can afso begin at your convenience. Billing shall be made monthiy based on pragress, due in 30 days. All invoice payment not postmarked `within 30 days of invoice date wiJl be assessed at 1-1/2°fo interest charge per rnonth Additionat Services / Reimbursable Expenses Beyond these requested services, we do not anticipate any other additionaf services on this project. The following is a Iist of items typically considered Reimbursable Expenses and comments C:�UG PR'�Parks.Rec Centers\henry brigham poof proposal far tSalance of pFoject.doc . � � � . � � . . � . . � � � � ,,,- �� � related ta this project. Tapographic Survey not required Soil Studies (buiiding / parking areas) not required Blueprint Printing provided by Owner Overnight Postage J UPS 1.15°lo x Actual Cosf Long Distance Phone Bilis included Mileage {in town) included Artist Renderings not required If you have questions, or if I can ;provide additignal information, please contact me at 706-736- 3661. If fihis proposa[ �s acceptable to the Augusta Recreation and Parks Department, please let us know so that we can prepare a contract. Sincereiy, VIRGQ GAMBILC Architects � �' / �, Jaseph Gambifl, AIA, LEED AP C:1VG PR4Parks,Ree Cenkers\henry bngliam pool proposaf far balance of pro}ect.d4c _ _ _ _ �<� �/� �o �..__W_.� #�� � �-- -.:� . � � �� �� A � ��� Matt Aitken ANDREW G. MACKENZIE Corey 7ohnson GENERAL COIJNSEL Jce Bowles Augusta Law Department Alvin Mason DAVID S. COPENHAVER BIII LOCICCtt Mayor WAYNE BROWN ]oe Jackson Senior StaffAttorney ]erry Brigham Wayne Guilfoyle KENNETH S. BRAY J. R. Hatney JODY M. SMITHERMAN Grady Smith JoE BowLES KAYLA E. COOPER Mayor Pro Tem StaffAttomeys FREDERICK L. RUSSELL Administrator September 15, 2011 Mayor Deke Copenhaver � Augusta, Georgia 530 Greene Street, Suite 802 Augusta, Georgia 30901 Dear Mayor Copenhaver: Please find enclosed the Professional Services Agreement for Vir�o Gambill Architects that I have reviewed as to form and substance. Augusta-Richmond County Commission approved this contract on August 16, 20ll. I have tabbed the applicable portions of the agreement for your signature with flags. After your signature and dating, the contract may be executed by the Clerk of Commission, Ms. Lena Bonner. The copies of the ageement should be returned to the originating department and the attention of: Mr. Ron Houck, Planning and Development Manager, Recreation, Parks and Facilities Department, 2027 Lumpkin Road, Augusta, GA 30906. Thank you for your consideration in this matter. Sincerely, �; _ ,� � , . � � � Andrew G. Mac enzie AGM/gsb Enclosure: Augusta Law Department 501 Greene Street, Suite 302, Augusta, Georgia 30901 (706) 842-5550 - Fa�c (706) 842-5556 TRANSMITTAL FORM � J �� , �- 7tN:ORIiAT[O:G�.PARKS � � P. �. BOX $6�$ _..� -. _ . _ 2027 Lumpkin Road Augusta, Ga. 30916-5605 Phone (706) 796-5025 Date: September 13, 2011 Fax (706) 796-4099 www.ausustaga•gov REGARDING: We are sending you: To: Andrew MacKenzie, General Counsel C� As requested From: Ron Houck, Planning and Development Manager x Enclosed Re: Professional Services Agreement for Virgo Gambill �'� Under separate cover Copy(s): Two FOR YOUR: C Records Geri: ❑ Use and information x Approval/ Action ❑ Review and comment Please note the enclosed contracts for the ❑ Use and distribution Brigham Swim Center Phase II design ❑ Consideration services with Virgo Gambill Architects for I� Action to Proceed your review, approval and execution by the Mayor. Do not hesitate to call if there are VIA: questions. C Overnight mail Thanks very much, as always, for the assistance you and your staff provide to the x Interdepartmental mail Department of Recreation, Parks and Li Hand delivered C- Postal mail Facilities. C Fax C Email FAX NUMBER: # of pages including this page: n (1!^ q��(� � s ° p��.� � � �J SIGNED• � �t���� � �� �� ��, - � � �� �� ����:�� ��:����. Offiice of the Administrator �-- ,� .� s . '.�- H«� '.- ` �,���� ; �` °-�� : �.-: ,, ..;. . . . � � �,. �.; . �� ; ����r r �t��= � i �`�' -� '�'' °� �`= `• r�'' A Frederick L Russell Adminutrator Room 801 - Municipal Building M<�.s;��. ,.���±;�a�:"'� r "°' S30 Greene Street - AUGUSTA, GA. 30901 Tameka Allen, Depaty Administrator (706} 821-2400 - FAX (706) 821-2814 William P. Shanahan, Deputy Aclministrator www.augustaga,gov August 16, 2011 Mr. l'om Beck Recreatian, Parks & Facilities Director 2027 Lumpkin Road Augusta, GA 30906 Dear Tom: The Augusta-Richmond County Commission, at their regular meeting held on Tuesday, August 16, 2011 took action on the fo{lowing items. 8. Approved an engineering services agreement for the first phase of a new campground facility at Diamond Lakes Regional Park with Cranston Engineering G�oup in the amount of $42,460.00. (Approved by Public Services Committee August 8, 2011) 9. Approved A/E design fees in amount of $34,500 to Virgo Gambill Architects for Phase 11 design services for improvements to the Henry Brigham Swim Center. (Approved by Public Services Committee August 8, 2011) 21. Approved and authorized execution of a lease agreement with Georgia Power to provide, install and maintain the exterior site lighting for the Augusta, Georgia New SherifPs Office. The upfront cost will be $39,000.00 which includes trenching, underground conduit, wiring, installation of poles and lights for the Augusta, Georgia New Sheriff's Office Building. {Approved by Engineering Services Committee August 8, zois} If you have any questians, please contact me. You truly, Tameka Allen Deputy Administrator 08-16-11: #8, #9, #21 cc: Ms. Donna Williams Ms. Geri Sams